The method of passing healthcare unconstitutional?


Under Article 1 Section 7 of the US Constitution it says the following:

bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

I believe there can be no doubt that this Health Care bill raises funds.  Otherwise why would the CBO have to score it.  If it doesn’t raise funds and merely spends money that is a different argument.  But for the moment let’s assume there are taxes involved (as we all know there are).

The way the Congress, in particular the some but not all democrats, are talking about passing this is to pass a rule to say they voted on the Senate version of this bill but didn’t actually go through the trouble of voting.

If they do this the bill would not be a law according to the Constitution.  So how can any constitutional officer such as the President enforce such a non-law?  Is this martial law?  Does the constitution no longer matter even though the US Government derives its power from that same piece of paper?

If they do this I for one, even though I am not a lawyer, file a lawsuit in about 15 seconds.

As I have said before I am all for Health Coverage reform.  I think no one can say our Health Care is bad, the coverage maybe but the care you can’t convince me of that.  Coverage just allows you access so reforming coverage fine, but the care is currently pretty good….Best in the world most say.

This method, if used is going to be a bigger constitutional problem than Watergate ever thought of being, and could potentially get many elected officials in a lot of trouble.  I’m not sure that some wouldn’t wind up doing jail time.

Anyone who says both parties are the same now loses credibility in my book.  If they were this thing would have passed in its current form.  The Republicans do have their problems but they wouldn’t try to violate the constitution like this.  If they have ever tried and I can’t recall someone please tell me.  But don’t just come at me the the typical ‘George Bush’…Give me a politician’s name, the situation and the section of the constitution that was attempted to be violated….This is bad folks.  Very bad.

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2 responses to this post.

  1. yes..really bad

    Reply

  2. Posted by Yoshi on March 16, 2010 at 7:49 pm

    Actually, this is a brilliant plan.

    “House Minority Leader John Boehner, R-Ohio, said Tuesday that Republicans will try to block the procedure. They will try to force a vote on a resolution requiring the Senate health care bill to be brought to an up-or-down vote.” – http://www.cnn.com/2010/POLITICS/03/16/house.health.care/index.html?hpt=T1

    Suddenly Republicans WANT an up or down vote, instead of just filabustering.

    Again, I say, Brilliant!

    Reply

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